2.2 Counterarguments
What follows are some of the most common arguments opposing the decriminalisation of sex work:
a) Sex workers are often deprived of their constitutional right to enjoy the highest standard of physical and mental health.
Numerous studies have illuminated the damaging effects of prostitution on sex workers’ mental and physical well being. Franz Kafka alluded to this fact by noting that “there is a price exacted from those who live in a place where they are rejected and openly hated by the neighbours: loss of confidence in one’s identity and its corollary, the unending need for self-reinvention…” (Kafka, In Begley, 2008, p. 60). Apart from the mental and moral anguish associated with sex work, there is a very real threat
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This in effect liberates the solicitor from any repercussions, and deprecates the value of intimacy, love and respect associated with meaningful and lasting relationships. Should this solicitor then enter into an enduring relationship, such as marriage, and not have his sexual needs met on his terms, he might turn to a willing sex worker to obtain this gratification. This in effect undermines the sanctity of marriage, as the promise of committing to your partner alone is broken due by engaging in extramarital affairs.
2.3 Position Argument
In this paper, the author has elected to adopt a position in favour of the decriminalisation of sex work. The author does not condone the act of selling one’s body for material gains per se, but rather wish to advocate for social justice and the freedom of choice for people selecting to enter this profession.
The author will attempt to elucidate the benefits of decriminalising sex work, by responding to the counterarguments discussed earlier.
a) Sex workers are often deprived of their constitutional right to enjoy the highest standard of physical and mental
Martha Bussbaum argues that prostitution should be decriminalized for we everyone exchanges their body for money. Additionally, legalization of prostitution will help women who have few options. Bussbaum does not centralize her argument on morality but legality. Several professions and people have been stigmatized, stereotyped, or based off class. Opera singers, actors, and dancers have been regarded as public prostitution for illogical, emotional, and biased perceptions.
For most of the nineteenth century, prostitution was not considered a distinct crime as it was viewed as a “necessary evil.” This view changed during the Progressive era when prostitution began being viewed as deviant behavior, potentially leading women to more crime (Lucas, 1995, p. 47). However, it was more than just related to the specific crime of prostitution as the role of women in society was changing at the time with more women in the workplace and outside of what was thought to be a woman’s place: the home (Lucas, 1995). Prostitution was, in a sense, a symbol of changes in women’s “behaviors and attitudes” causing fear and dismay as it was a threat to gender and societal norms (Lucas, 1995, p. 48). At this time, the view of prostitution coincides with deviant behavior ideologies, which view certain social behaviors as deviant from the norm or expected, in that women were departing from the typical roles and values associated with womanhood (Erikson, 1962).
Prostitution has continuously remained “shielded” from the perceptiveness of society because of its objectionable characteristics. However, the problem still remains and in my opinion, “it will still exist for years to come.” Ultimately, the Bylaws of Canada has not been able to decipher or impede this problem, apart from triggering elusiveness in the acceptance of anything that is lawful and unlawful in relations to prostitution. All over the world prostitution entwines with the economy of every city, with a potential of legal and non-legal revenue.
The mere fact that sexuality is integral to personhood does not render it market-inalienable. Instead of the ‘integral part of personhood’ proposition, this essay argues against commodifying sexuality on the basis that it causes gross impairment to prostitutes’ subjectivity. The impairment is so gross that it makes prostitutes subordinate to the clients, degrading their personhood. Such impairment is then unjustifiable. IV.
History has shown how men have unfairly put the liability of their own decisions, and actions solely on women. In both articles, “Venereal disease, Prostitution, and the politics of Empire: The Case of British India” by Philippa Levine, and “The Making of an Outcast Group: Prostitutes and Working Women in Nineteenth-Century Plymouth and Southampton” by Judith Walkowitz, we are shown how male privilege allowed them to indulge in as much sex as they wish, and when they caught a venereal disease it would all be blamed on women as a whole, and female prostitutes more specific. In Walkowitz (1977), we see how the government try’s to regulate prostitution, and how women are depicted in nineteenth century Europe. In Levine (1994), we see
In the decades following this case, many changes to legislation have been made with the welfare of sex workers being seen as more important and more emphasis is put on ensuring they are safe (Wattis, 2015). LESSONS
Prostitution is a widely recognized topic, anyone and anywhere can get involved into this line of work with just one thing, themselves. Do the men, women and children really have a choice whether or not they want to use their bodies to earn a living? Or are they forced by outside influences that make them have no other choice. Preliminary research covered numerous topics about prostitution; When the victims started and why they started was not uncovered by these findings. There have not been a sufficient interviews with these subjects to
Throughout the decades, the stigma around prostitution has drastically changed, and it has become viewed as a demeaning, immoral,
The opponents of the legalization of prostitution claim that decriminalization of prostitution destroys the moral foundations of our society. The equalization of prostitution to the usual professions such as a teacher or a doctor brings up the notion of immorality and permissiveness in the growing generation. Also, children and adolescents do not correctly perceive the concept of sex and intimacy between a man and a woman. Sex is perceived as a business, and not as something spiritual between two loving people. Many young girls will think that there is nothing terrible in prostitution and this is allowed to
Furthermore prostitution cannot be deemed immoral as prostitution itself is a trade similar to many other jobs in the society. A person’s right to sell their sexual services is neither more nor less of a right than that of person selling their labour-power in any other of its multifaceted forms. For example a person doing manual labour is selling his/her body, a writer sells her mind and a bodyguard or wrestler sells the services of their body. The feminist argument is that, Prostitution is merely a job of work and the prostitute is a worker, like any other wage labourer (Patemen, 2010, p.9). Many people believe that the act of prostitution involves buying another person for money, this is not the case.
Last, two open ended questions were added in order to give individuals the ability to describe what they believed to be the positive and negative aspects of working within the sex industry and their personal attitudes toward the legislation. 42.5% of participants believed that laws should be modified to increase legalization of prostitution. While 35.8% believed the exact opposite, that the laws should focus to increase criminalization. Individuals were overall aware of the current laws regarding prostitution. However, they were unclear about the bawdy house and communication laws.
Understanding gender and sexuality as socially constructed categories is important because it helps people understand a certain group. Gender and sexuality is expressed in many categories and people must be careful not to mix people in the wrong category. Simply because one expresses their sexuality different from another person does not mean they should be bashed or treated differently. Sometimes it does not matter what you identify as, who you identify with, people will always judge you, so its best people just do what they want. Putting gender in a category helps others not stereotype them as something they are not.
Characteristics Billionaire, business man, entrepreneur, ex-husband, father to five children, this is not Donald Trump but in fact our very own Tokyo Sexwhale. Owner of a requisite yacht, vineyards, a Lear jet as well as a 70 million dollar island a chairman of the Trans Hex Group and Northern Platinum, director of ABSA group limited and Gold Fields, this is a man that has been personally lauded by none other than Harry Oppenheimer. Sexwhale was been imprisoned on charges of terrorism and conspiracy, and 12 years later led to his release. He landed up marrying Judy van Vuuren, the paralegal that represented him in prison, although that might have been because she was the first women he had seen for 12 years and as we all know the prison life isn’t exactly ideal. He is also known as a philanthropist and patron to multiple societies who contribute to the greater good of the community namely disadvantaged children or families that were affected by apartheid.
• Women and children abuse in prostitution experience severe and long lasting physical and mental health problem. • Prostitution is harmful in and of itself, i.e. the constantly repeated experience of submitting to unwanted sex is very damaging to women mental health, self-esteem and sexuality. • Having to endure unwanted sex leads to the need to be set apart, often using drugs and for alcohol. • Many women involved in street prostitution do not care of their children. This has a strong impact on the woman themselves and is a common issue they need support through services.
The United Nations’ Convention held in 1949, stated prostitution to be “incompatible with human dignity”. According to the Oxford Dictionary, prostitution is defined as "The practice or occupation of engaging in sexual activity with someone for payment." Often referred to as the “oldest profession” in the world, prostitution has become a burning issue in today’s world. The ongoing debate on whether to legalize, criminalize or decriminalize prostitution seems to be quite unresolvable. This paper investigates the negative impacts of legalizing prostitution such as 1) encouragement of prostitution, 2) increase in the incidence of human trafficking and 3) exposure of prostitutes to severe harm such as drug abuse, infection from sexually transmitted diseases and violence, which clearly supports the fact that prostitution should not be legalized.